Contact Attorney Mike Baker Legal Links Practice Areas About Miike Baker Law Offices os Michael Baker

Phone(312) 380-6376 | (847) 282-4723

Criminal Defense Attorney, Chicago & Northwest Suburbs

Confidential consultation.... 7 days a week. Affordable flat fees. Se habla español.

"It is better that one hundred guilty men go free than one innocent man be convicted." Blackstone

Criminal charges often involve serious consequences, such as jail sentences, and/or fines, loss of driving privileges, probation, and deportation if you are not a United States citizen. However, the law recognizes certain defenses which may result in your charges being dismissed. Other alternatives may allow your case to be plea bargained, so that the penalties can be reduced. There may also be diversionary programs available which allow charges to be dismissed if you are a first time offender.

Mr. Baker served as a Cook County prosecutor for eight years. By negotiating with the State's Attorney's Office when appropriate, we help our clients avoid time-consuming and costly litigation. However, if we deem a more aggressive approach is in our client's best interest, we have a track record of successfully defending clients charged with crimes in courtrooms throughout Illinois: Rolling Meadows courthouse, Skokie Court at Old Orchard, Traffic court-Daley Center, Bridgeview, Maywood, Markham, Dupage (Wheaton), Lake (Waukegan) and McHenry counties. Illinois Criminal Court listings.

Practice Areas:

  • Homicide – 1st degree murder, felony murder, capital murder, intentional homicide of an unborn child, 2nd degree murder, voluntary manslaughter of an unborn child, manslaughter, involuntary manslaughter, drug induced homicide, reckless homicide and attempted murder.
  • Sex Offenses – criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, rape, statutory rape, sexual exploitation of a child, failure to register as a sex offender, public indecency, prostitution, soliciting for a prostitute, soliciting for a juvenile prostitute, pandering, keeping a place of prostitution, keeping a place of juvenile prostitution, patronizing a prostitute, patronizing a juvenile prostitute, pimping, juvenile pimping, obscenity, and child pornography.
  • Drunk Driving (DUI/DWI)/Traffic Violations – driving under the influence of alcohol or drugs (DUI), driving under the influence of intoxicating compounds (DWI), petitions to rescind statutory summary suspensions (suspensions resulting from DUI/DWI arrests), driving while driver’s license is suspended or revoked, fleeing or attempting to elude police officer, aggravated fleeing or attempt to elude a police officer, leaving the scene of a property or personal injury accident, drag racing, aggravated speeding (driving 40 miles per hour or more in excess of the speed limit), reckless driving, aggravated reckless driving, speeding, speeding in a school zone, speeding in a construction zone, failure to stop at a stop sign, failure to obey a traffic control device, open alcohol in automobile, passing a school bus while stop sign is out, and all other traffic violations.
  • Drug Crimes – possession of a controlled substance such as cocaine, heroin, ecstasy, GHB, and all other scheduled substances, possession of a controlled substance with intent to deliver, delivery of a controlled substance, delivery of a controlled substance within 1000 feet of a school or church, possession of cannabis, possession of cannabis with the intent to deliver, delivery of cannabis, possession of drug paraphernalia, drug manufacturing, drug cultivation, drug trafficking, and drug conspiracy.
  • Weapon Offenses – unlawful use of weapons (UUW), unlawful use or possession of weapons by felons or persons in the custody of the department of corrections, aggravated discharge of a firearm, reckless discharge of a firearm, aggravated unlawful use of a weapon, unlawful sale of firearms, unlawful possession of firearms and firearm ammunition, unlawful purchase of a firearm, gunrunning, and defacing identification marks of firearms.
  • Theft – theft, retail theft, deceptive practices, forgery, unlawful use of a credit card, financial identity theft, aggravated financial identity theft, possession of stolen property, financial exploitation of an elderly person or a person with a disability, robbery, armed robbery, burglary, residential burglary, possession of a stolen motor vehicle (PSMV), vehicular hijacking, aggravated vehicular hijacking, possession of burglary tools, and unlawful use of sound recordings.
  • Other Felonies and Misdemeanors – assault, aggravated assault, battery, aggravated battery, aggravated battery with a firearm, aggravated battery of a child, domestic battery, violation of an order of protection (VOOP), reckless conduct, disorderly conduct, kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, child abduction, unlawful visitation interference, hate crime, stalking, aggravated stalking, home invasion, criminal trespass to property, criminal trespass to state supported land, criminal damage to property, criminal damage to government supported property, arson, aggravated arson, escape, and perjury.
  • Federal Offenses – all charges pending in U.S. Federal Courts.
  • White Collar Crimes – bribery, fraud, extortion, identity theft, counterfeiting, kickbacks, RICO crimes, racketeering, embezzlement, larceny, perjury, money laundering, wiretapping, and tax fraud.
  • Expungements
  • Petitions to Revoke Supervision, Conditional Discharge, and Probation
  • Personal Injury and Worker's Compensation – work injuries, automobile accidents, wrongful death, medical malpractice, defective products, slip and fall injuries, products liability injuries, and dog bite injuries.
  • Secretary of State Driver's License Revocation Hearings – hearings for full reinstatement of driver's licenses and restricted driver's permits, formal hearings, and informal hearings.
  • Criminal Appeals – post-conviction relief, appeals, and appellate law.

COOK COUNTY CRIMINAL COURT

  • 26th and California
  • Skokie Courthouse
  • Rolling Meadows Courthouse
  • Maywood Courthouse
  • Bridgeview Courthouse
  • Markham Courthouse
  • Daley Center
  • 555 W. Harrison
  • Belmont & Western
  • 3150 W. Flournoy
  • 5555 W. Grand Avenue
  • 155 W. 51st Street
  • 727 E. 111th Street

Class A Misdemeanors: Sentencing can include up to 364 days in jail.

* Aggravated Assault – 720 ILCS 5/12-2
* Battery – 720 ILCS 5/12-3
* Domestic Battery – 720 ILCS 5/12-3.2
* Criminal Damage To Property – 720 ILCS 5/21-1
* Criminal Defacement to Property – 720 ILCS 5/21-1.3
* Criminal Sexual Abuse – 720 ILCS 5/12-15
* Criminal Trespass to Residence – 720 ILCS 5/19-4
* Criminal Trespass to Vehicles – 720 ILCS 5/21-2
* Deceptive Practices – 720 ILCS 5/17-1
* Endangering the Life or Health of a Child – 720 ILCS 5/12-21.6
* Interfering With the Reporting of Domestic Violence – 720 ILCS 5/12-6.3
* Obscenity – 720 ILCS 5/11-20
* Patronizing a Prostitute – 720 ILCS 5/11-18
* Possession of Cannabis (more than 10 grams but not more than 30 grams) – 720 ILCS 550/4
* Possession of Drug Paraphernalia – 720 ILCS 600/3
* Possession of Hypodermic Needles – 720 ILCS 635/4
* Prostitution – 720 ILCS 5/11-14
* Public Indecency – 720 ILCS 5/11-9
* Reckless Conduct – 720 ILCS 5/12-5
* Resisting or Obstructing a Police Officer – 720 ILCS 5/31-1
* Retail Theft – 720 ILCS 5/16A-3
* Solicitation for a Prostitute – 720 ILCS 5/11-15
* Theft – 720 ILCS 5/16-1, 720 ILCS 5/16-3
* Violation of an Order of Protection (VOOP) – 720 ILCS 5/12-30

Class B Misdemeanors: Sentencing can include up to 6 months in jail.

* Criminal Trespass to Property – 720 ILCS 5/21-3
* Harassment by Telephone – 720 ILCS 135-1-1
* Possession of Cannabis (more than 2.5 grams but not more than 10 grams) – 720 ILCS 550/4

Class C Misdemeanors: Sentencing can include up to 30 days in jail.

* Assault – 720 ILCS 5/12-1
* Disorderly Conduct – 720 ILCS 5/26-1
* Possession of Cannabis (mot more than 2.5 grams) – 720 ILCS 550/4

We provide aggresssive and experienced criminal defense for individuals who have been arrested and accused of all types felonies, including but not limited to the following:

* 1st Degree Murder
* Aggravated Arson
* Aggravated Battery
* Aggravated Criminal Sexual Abuse
* Aggravated Criminal Sexual Assault
* Aggravated Discharge of a Firearm
* Aggravated Financial Identity Theft
* Aggravated Kidnapping
* Aggravated Stalking
* Aggravated Unlawful Restraint
* Aggravated Unlawful Use of a Weapon
* Aggravated Vehicular Hijacking
* All Felony Probation Violations
* All Felony Traffic Violations
* Armed Robbery
* Arson
* Attempted Murder
* Burglary
* Child Abduction
* Child Pornography
* Criminal Sexual Abuse
* Criminal Sexual Assault
* Defacing Identification Marks of Firearms
* Delivery of Cannabis
* Delivery of a Controlled Substance
* Delivery of a Controlled Substance within 1000 Feet of a School or Church
* Drug Conspiracy
* Drug Trafficking
* Escape
* Failure to Register as a Sex Offender
* Felony Deceptive Practices
* Felony DUI/DWI Offenses
* Felony Murder
* Felony Theft
* Financial Identity Theft
* Forgery
* Hate Crime
* Home Invasion
* Involuntary Manslaughter
* Kidnapping
* Perjury
* Possession of Burglary Tools
* Possession of a Controlled Substance (PCS)
* Possession of a Controlled Substance with the Intent to Deliver
* Possession of Cannabis (Over 30 Grams)
* Possession of Cannabis with the Intent to Deliver
* Possession of a Stolen Motor Vehicle (PSMV)
* Possession of Stolen Property
* Predatory Criminal Sexual Assault of a Child
* Reckless Discharge of a Firearm
* Reckless Homicide
* Residential Burglary
* Robbery
* Sexual Exploitation of a Child
* Stalking
* Unlawful Possession of Firearms and Firearm Ammunition
* Unlawful Purchase of a Firearm
* Unlawful Restraint
* Unlawful Use of Weapons (UUW)
* Unlawful Use of Weapons by Felons or Persons in Custody of the Department of Corrections
* Vehicular Hijacking

EXPUNGEMENT: When a record is expunged, it is physically destroyed by each law enforcement agency, as if it never existed.

SEALED: When an Illinois State Police record is sealed, it is no longer available to your employer or other members of the public, but can still be seen by law enforcement agencies. When a clerk’s office record is sealed it is no longer available to employers or other members of the public, but can be viewed by members of the public if a judge specifically orders that they can see it.

CASES THAT CAN BE EXPUNGED:

1. Cases in which you were acquitted, released without conviction (including cases in which you were not charged), there was a not guilty finding or no probable cause finding, or nolle prosequi –Petitions to expunge may be filed immediately. If, however, your case was stricken off the call with leave to reinstate (“SOL”) or a non-suit, Petitions to expunge can only be granted 120 days (if demand for trial) or 160 days (if no demand for trial) after the case was SOL, and only if the prosecutor did not reinstate your case during this time period.

2. Cases, other than those listed in section 3, below, in which an Order of supervision was entered and two (2) years have passed since discharge and dismissal of supervision.

3. Cases in which an Order of supervision was entered and five (5) years have passed since termination of supervision for the following charges:

Retail Theft – 720 ILCS 5/16 A-3
Reckless Driving – 625 ILCS 5/11-503
Display of False Insurance – 625 ILCS 5/3-710
Suspended Registration for Non-Insurance - 625 ILCS 5/3-708
Uninsured Motor Vehicle – 625 ILCS 5/3-707

4. Cases in which an Order was entered terminating probation and at least five (5) years have passed since the order of termination was entered, under the following statutes:

Controlled Substance Act (410 Probation) – 720 ILCS 570/410
Cannabis Control Act (First Offender Only) – 720 ILCS 550/10

CASES THAT CANNOT BE EXPUNGED

Convictions, including:

1. A guilty plea, guilty finding, or guilty verdict resulting in a sentence other than probation under the Cannabis or Controlled Substances Acts.

2. Probation (except if you received 410 probation under the Controlled Substance Act or under the Cannabis Act)

3. Cases where the defendant was granted supervision for or was convicted of a sexual offense committed against a minor under 18 years of age (20 ILCS 2630/5(g))

4. Conditional Discharge

5. Time Considered Served

6. DUI/DWI Supervision

Once your record has been expunged, it “may not be considered by any private or public entity in employment matters, certification, licensing, revocation or certification or licensure, or registration,” (20 ILCS 2630/12) Employers are not allowed to ask you if you have had records expunged, and you are not required to disclose this information on employment applications. (20 ILCS 2630/12)

CASES THAT CAN BE SEALED

1. You are an adult or minor prosecuted as an adult for a misdemeanor, or municipal ordinance violation in which you were acquitted; released without being convicted (including cases where you were not charged), your conviction was reversed; or you received a sentence of supervision for a misdemeanor AND you have not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor for three (3) years after being acquitted, or released, or your conviction being reversed, or having completed the terms and conditions of your supervision.

2. You are an adult or minor prosecuted as and adult for a qualifying Class 4 Felony or misdemeanor which resulted in a conviction AND you have not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor for four (4) years after completing your sentence.

Once your record has been sealed, it “may not be considered by any private or public entity in employment matters, certification, licensing, revocation or certification or licensure, or registration,” (20 ILCS 2630/12) Employers are not allowed to ask you if you have had records expunged, and you are not required to disclose this information on employment applications. (20 ILCS 2630/12)

TO EXPUNGE OR SEAL YOUR RECORD, CONTACT PERRY & BAKER AT (312) 836-9040.

Classification of crime Usual Prison or Jail Sentence Possible Extended Term Probation Term Madatory Supervised Release Maximum Fine
MURDER   Not allowed    
1st degree (Death)5 Not allowed $25,000
  Life, no parole6 Not allowed 3 years $25,000
  20-60 years7 60-100 years Not allowed 3 years $25,000
2nd degree 4-20 years 15-30 years 4 years 2 years $25,000
HABITUAL
CRIMINAL
8
Life, no parole Not allowed
FELONY          
Class X 6-30 years 30-60 years Not allowed 3 years  
1 4-15 years 15-30 years9 Up to 4 years10 2 years $25,000, or more if specified
2 3-7 years 7-14 years9 Up to 4 years10 2 years $25,000, or more if specified
3 2-5 years 5-10 years Up to 21/2 years 1 year $25,000, or more if specified
4 1-3 years 3-6 years Up to 21/2 years 1 year $25,000, or more if specified
MISDEMEANOR          
Class A Under 1 year Up to 2 years $2,500
B Up to 6 months Up to 2 years $1,500
C Up to 30 days Up to 2 years $1,500
PETTY OFFENSE Up to 6 months Amount stated
up to $1,000
BUSINESS OFFENSE Amount stated

CRIMINAL BRANCHES OF THE FIRST MUNICIPAL DISTRICT
CIRCUIT COURT OF COOK COUNTY

Honorable E. Kenneth Wright, Jr.
Presiding Judge
First Municipal District
Circuit Court of Cook County
1303 Richard J. Daley Center
Chicago, IL 60602
Phone: 312-603-6132
T.D.D.: 312-603-6673
FAX: 312-603-4211


Location - 2600 South California Avenue, Chicago, IL 60608 Telephone Number
Branch 57 Felony Narcotic Preliminary Hearings - Room 100 AM/PM
(773) 869-3072
Branch 66 Homicide/Sex Related Felony Court - Room 101 PM
(773) 869-3160
Branch 1 Central Bond Court - Room 111 PM
(773) 869-3160
Branch 98 Felony Indictment Call - Room 101 AM
(773) 869-3160
Branch 2 Traffic Prisoner Call - Room 100 PM
(773) 869-3072


Location - 1340 South Michigan Avenue, Chicago IL 60605
Branch 46 Assignment Judge, Jury Trial Call/
Misdemeanor/Ordinance - Room 501 (312) 341-2861
Branch 47 Misdemeanor/Jury Trial Call - Room 502 (312) 341-2871
Branch 60 Domestic Violence Actions - Room 701 (312) 341-2893
Branch 61 Domestic Violence Actions - Room 702 (312) 341-2892
Branch 62 Domestic Violence Actions - Room 601 (312) 341-2758
Branch 63 Domestic Violence Court - Room 602 (312) 341-2889
Branch 64 Domestic Violence Bond Court - Room 202 (312) 341-2710


OUTLYING COURTS

Branch 34 (773) 373-8878 Misdemeanor/Ordinance
155 West 51st Street, Chicago, IL 60609
Branch 48 (773) 373-8877 Felony Preliminary Hearings/Public Housing
155 West 51st Street, Chicago, IL 60609
Branch 44 (773) 265-8915 Felony Preliminary Hearings
3150 West Flournoy Street, Chicago, IL 60612
Branch 43 (773) 265-8927 Misdemeanor/Ordinance
3150 West Flournoy Street, Chicago, IL 60612
Branch 23 (773) 804-6154 Misdemeanor/Ordinance
5555 West Grand Avenue, Chicago, IL 60639
Branch 50 (773) 804-6140 Felony Preliminary Hearings
5555 West Grand Avenue, Chicago, IL 60639
Branch 29 (773) 404-3316 Misdemeanor/Ordinance
2452 West Belmont, Chicago, IL 60618
Branch 42 (773) 404-3304 Felony Preliminary Hearings/Public Housing
2452 West Belmont, Chicago, IL 60618
Branch 38 (773) 660-0346 Felony Preliminary Hearings
727 E. 111th Street, Chicago, IL 60628
Branch 35 (773) 660-2438 Misdemeanor/Ordinance
727 E. 111th Street, Chicago, IL 60628

Your Rights if Arrested

PENALTIES FOR CRIMES IN ILLINOIS
1. EXTENDED TERM. The court may impose an extended term in lieu of the usual
term on a person convicted of any of a number of crimes, or of crimes committed
in types of circumstances, that are listed in 730 ILCS 5/5-5-3.2(b) to (d). ( "exceptionally brutal or
heinous behavior indicative of wanton cruelty" etc.)

2. PROBATION. Except for the most serious crimes, an offender may be sentenced to
a term of probation instead of prison. Maximum probation terms for each class
of crime are listed in the column marked with this footnote. Among several
other statutory conditions, a person on probation is forbidden to possess a
firearm or other dangerous weapon, or to leave the state without permission.
Courts may add other conditions. Note 10 below describes situations in which
probation instead of prison is not allowed.
3. MANDATORY SUPERVISED RELEASE (MSR). This is a period of parole that automatically
follows a prison term for a felony. A person convicted of a repeat sex
crime involving force or threat of force, against a victim under 18, must serve 4
or 5 years of MSR, with the first 2 in electronic home detention.
4. FINES. Whenever a fine is imposed (except for a nonmoving traffic offense),
there is added to it a penalty of $5 per $40 (or fraction of $40). Thus the
amounts shown should be increased by one-eighth to approximate totals that can
be imposed. Several other kinds of surcharges are imposed for some kinds of
crimes; see especially 730 ILCS 5/5-9-1.4 to 5/5-9-1.11.
5. DEATH PENALTY. A person who was at least 18 at the time may be sentenced to
death for committing first-degree murder by killing: (1) a peace officer or
fireman who was performing official duties, or to prevent or retaliate for such
performance; (2) an employee, prisoner, or other authorized person in a prison or
jail, (3) more than one person (at either the same or different times), if done with
separate intent or by separate acts; (4) as a result of a hijacking; (5) for hire, or
by hiring another person; (6) intentionally in the course of another felony
involving violence, force, or a drug conspiracy; (7) a person under age 12 with
“. . . wanton cruelty;” (8) to prevent or retaliate for the victim’s aiding in a
criminal investigation or prosecution; (9) intentionally as part of a drug crime, or
by causing another person to kill as part of such a crime; (10) while in prison
and in the course of committing or conspiring to commit a felony; (11) as part of
a cold, calculated, and premeditated scheme to take a human life illegally; (12)
an emergency medical worker employed by government, while performing or to
prevent or retaliate for performance of duties; (13) as the kingpin in a criminal
drug conspiracy; (14) intentionally by a method involving torture; (15) in a
drive-by shooting; (16) a person 60 or older, with “ . . . wanton cruelty; (17) a
disabled person; (18) because the victim was a community policing volunteer, or
to deter service as such a volunteer; (19) a person protected by an order of
protection issued against the murderer; or (20) a teacher or other employee in or
near a school.
6. LIFE IN PRISON. A first-degree murderer may be sentenced to life in prison without
possibility of parole if (a) the killing was done with “...wanton cruelty” or (b)
any factor listed in note 5 above was present. Unless death is imposed, the court
must sentence to life in prison without parole any first-degree murderer who
killed (1) after being earlier convicted of first-degree murder in any jurisdiction;
(2) more than one person, or a person under age 12 if the murderer was at least
17; (3) a peace officer or fireman who was performing official duties, or to
prevent or retaliate for such performance; (4) an employee of a prison or jail
who was performing official duties, or to prevent or retaliate for such performance;
(5) an emergency medical worker employed by government, while
performing or to prevent or retaliate for performance of duties; (6) a person
under 12 during an aggravated criminal sexual assault, criminal sexual assault,
or aggravated kidnapping, if the murderer was under 17; or (7) because the
victim was a community policing volunteer or to prevent such service.
7. The range of possible prison sentences for first-degree murder is 20 to 60 years
if no fact justifying life in prison or death is present. But if the crime was
committed while armed with a firearm, the term is automatically increased by 15
years; if the murderer fired it during the crime, by 20 years; and if the firing
caused great bodily harm, permanent disability or disfigurement, or death, by 25
years to life.
8. HABITUAL CRIMINALITY. This is not an offense, but an adjudication of a person
who has, twice in succession, committed and been convicted in U.S. courts of
first-degree murder, a Class X felony, aggravated kidnapping, or criminal sexual
assault; and without being out of custody for at least 20 years after the first
conviction, again commits and is convicted of any of those crimes (except
aggravated kidnapping).]
9. A person who, on two separate occasions after January 1978, committed and was
convicted of Class 2 or worse felonies, and then commits a third such felony
while over age 21, is to be sentenced as a Class X felon.
10. Probation is not ordinarily allowed if the crime was a Class 2 or worse felony
and occurred within 10 years after conviction of another such felony. Probation
is also not allowed for several kinds of crimes listed in 730 ILCS 5/5-5-3(c)(2).
But if the court finds the offender to be addicted; the crime was nonviolent; and
other conditions apply, the court can allow the offender to choose probation
under supervision of a drug-treatment program approved by the Department of
Human Services (as successor to the Department of Alcoholism and Substance
Abuse).
Sources: This chart is based principally on the following sections of Illinois law in effect as of January 1,
2000: 720 ILCS 5/9-1 and 5/33B-1 ff.; 730 ILCS 5/3-3-3, 5/3-3-8, 5/5-5-1, 5/5-5-3, 5/5-5-3.2, 5/5-
6-1 ff., 5/5-8-1 ff., and 5/5-9-1 ff

Penalties for Possessing Marijuana

Amount in Grams* Max. prison Max. Fines Assessment
Up to 2.5 30 days $1,500 $ 200
2.5 to 10 6 months $1,500 $ 200
10 to 30 ? 364 days $2,500 $ 300
30 to 500 ? 3 years $25,000 $ 500
500 to 2,000 5 years $25,000 $ 500
2,000 to 5,000 7 years $25,000 $ 1000
Over 5,000 15 years $25,000 $ 2000

* There are about 28 grams in an ounce.
? Penalty is higher for a repeat offense.
Sources: 720 ILCS 550/4; penalties by class of crime stated in 730 ILCS 5/5-8-1, 5/5-8-3, and 5/5-9-1; and assessments required by 720 ILCS 550/10.3(a).

The table below shows penalties for making; possessing with intent
to deliver (transfer to anyone else); or delivering marijuana or its
products. For amounts up to 2,000 grams, the rows labeled “At
school” show higher penalties if the crime is committed either on
school grounds or in a school vehicle such as a bus.

Penalties for Transferring Marijuana:

Amount In grams* Maximum prison Maximum fine Additional assessment
Up to 2.5 6 months $1,500 $200
At school 364 days $2,500 $300
2.5 to 10 364 days $2,500 $300
At school 3 years $25,000 $500
10 to 30 3 years $25,000 $500
At school 5 years $50,000 $500
30 to 500 5 years $50,000 $500
At school 7 years $100,000 $1,000
500 to 2,000 7 years $100,000 $1,000
2,000 to 5,000 15 years $150,000 $2,000
Over 5,000 30 years $200,000 $3,000
* There are about 28 grams in an ounce.
Source: 720 ILCS 550/5, 550/5.2, and 550/10.3

What are the penalties for other drugs?
The table below gives examples of maximum penalties for possession
without making or selling major illegal drugs. (Making, distributing,
or selling is always a more serious crime.) Each column
heading shows the number of years in prison that can be imposed
for possessing the amounts listed in that column. In addition to
prison, a violator may be assessed from $200 to $3,000, depending
on amount possessed, to help fund drug treatment..

Examples of Prison Sentences for Possessing Major Drugs
(amounts listed are grams, except for LSD pieces)

Narcotic 1-3 years 4-15 years 6-30 years 8-40 years 10-50 years
Amphetamines up to 199 200+      
Barbiturates up to 199 200+      
Cocaine up to 14 15-99* 100-399* 400-899* 900+*
Heroin up to 14 15-99* 200-599 600-1499 1500+
LSD          
-grams up to 14 15-99* 100-399* 400-899* 900+*
-pieces up to 14 15-199* 200-599 600-1499 1500+
Methaqualone up to 29 30+      
Methamphetamine up to 14 15-99* 100-399* 400-899* 900+*
Morphine up to 14 15-99* 100-399* 400-899* 900+*
Peyote up to 199 200+      
PCP up to 29 30+      

* A violator may be fined the full street value of the drugs if over $200,000.
Source: 720 ILCS 570/402 as re-enacted by P.A. 90-593 and amended by P.A. 90-674 (1998). 720 ILCS 570-Illinois Controlled Substances Act.

Do adult criminal laws apply to Minors?
Yes. The same acts are illegal if done by a minor as if they were done
by an adult, although the method of imposing punishment may be slightly
different. Most criminal acts by persons under 17 are prosecuted in
juvenile court. But a person under 17 can be tried in an adult criminal
court in these kinds of situations: (1) The crime charged is a traffic,
boating, fish and game, or municipal or county ordinance violation; (2)
The person was at least 13 and is charged with first-degree murder
committed in the course of (a) aggravated criminal sexual assault, (b)
criminal sexual assault, or (c) aggravated kidnapping; (3) The person
was at least 15 and is charged with (a) first-degree murder; (b)
aggravated criminal sexual assault; (c) aggravated battery with a
firearm at a school (including a college), on or within 1,000 feet of
its grounds, on a school bus, or at a school-related activity; (d) armed
robbery with a firearm; (e) aggravated vehicular hijacking with a
firearm; (f) possession on school grounds of a dangerous weapon
(including sprays for personal defense if carried by a person under 18);
or (g) delivering, or possessing with intent to deliver, an illegal drug
on school or public housing grounds, on a street within 1,000 feet of
them, or on any school bus. (4) The person is charged with a felony and
escapes from a penal institution or from custody, or violates a bail
bond by willfully failing to surrender at the appropriate time after
having posted bail.
There is also a hybrid kind of trial called an
“extended jurisdiction juvenile prosecution.” It is to be used if a
minor was at least 13 at the time of an alleged offense and is charged
with a felony, and the judge finds probable cause to believe that the
allegation are true.The judge may instead decide to keep the case in
juvenile court, based on clear and convincing evidence that criminal
prosecution would not be appropriate. Proceedings in an extended
jurisdiction juvenile prosecution are similar to those of an adult
criminal trial, including the right to a jury, but with less restrictive
rules of evidence.

Can I get in trouble with the law for sexual behavior?
Yes. You will be criminally liable for sexual conduct (including sexual
touching) in any of several kinds of situations, regardless of your or
the other person’s gender: (1) You are under 17 and the other person is
between 9 and 16; or you are less than 5 years older than the other
person, who is aged 13 to 16. This is a Class A misdemeanor, punishable
by up to 364 days and/or a fine up to $2,500. (2) You are at least 17
and the other person is under 13; or you are under 17 and the other
person is under 9. This is a Class 2 felony, punishable by 3 to 7 years
and a fine up to $25,000. (3) You are at least 17 and the other person
is under 13, and the conduct involves any contact between sex organs, or
intrusion of any part of either person’s body or any object into any
part of the other person’s body in the pelvic area. This is a Class X
felony, punishable by 6 to 30 years and a fine up to $25,000. (4) The
conditions in (3) apply and you use any drug in connection with the act.
This is a Class X felony with a minimum prison term of 50 years. It is
important to keep in mind that the other person’s consent is not a
defense to any of these crimes. These prohibitions are designed to
protect very young people from sexual activity before they are old
enough to understand fully its effects. Of course, any sexual act done
by force or threat of force is a very serious felony—Class 1 (4 to 15
years and up to a $25,000 fine) or Class X; or if done with a firearm, a
Class X felony to which 15 to 25 years must be added to the normal term
for Class X.

If you become a parent, you can be required to support your
child up to age 18. In that case, part of the money you earn from work,
or any other regular source of income, for 18 years after the child’s
birth can be taken by court order to provide support. Blood testing of
DNA is required in Illinois paternity cases and is highly accurate in
determining who is the father. Mothers are also required to support
their children to age 18 just like fathers.

Cook County Circuit Court : The Circuit Court of Cook County has a Web site, one "developed by the Office of the Chief Judge to make court information easily accessible to both the public and the legal profession," the court announced.

(1) for a Class 1 felony, other than second degree murder, the sentence shall be not less than 4 years and not more than 15 years; (2) for a Class 2 felony, the sentence shall be not less than 3 years and not more than 7 years; (3) for a Class 3 felony, the sentence shall be not less than 2 years and not more than 5 years; (4) for a Class 4 felony, the sentence shall be not less than 1 year and not more than 3 years.
Extended Term: (730 ILCS 5/5-8-2)
(1) Any offense not so classified which provides a sentence to a term of imprisonment of less than one year but in excess of 6 months shall be a Class A misdemeanor. (2) Any offense not so classified which provides a sentence to a term of imprisonment of 6 months or less but in excess of 30 days shall be a Class B misdemeanor. (3) Any offense not so classified which provides a sentence to a term of imprisonment of 30 days or less shall be a Class C misdemeanor. (c) Any unclassified offense which does not provide for a sentence of imprisonment shall be a petty offense or a business offense.
(3) Any offense not so classified which provides a sentence to a term of imprisonment of 30 days or less shall be a Class C misdemeanor.
(c) Any unclassified offense which does not provide for a sentence of imprisonment shall be a petty offense or a business offense.
Authorized fines (730 ILCS 5/5-9-1)
(a) An offender may be sentenced to pay a fine which shall not exceed for each offense: (1) for a felony, $25,000 or the amount specified in the offense, whichever is greater, or where the offender is a corporation, $50,000 or the amount specified in the offense, whichever is greater; (2) for a Class A misdemeanor, $2,500 or the amount specified in the offense, whichever is greater; (3) for a Class B or Class C misdemeanor, $1,500; (4) for a petty offense, $1,000 or the amount specified in the offense, whichever is less;
(a) A sentence of imprisonment shall commence on the date on which the offender is received by the Department or the institution at which the sentence is to be served.
(b) The offender shall be given credit on the determinate sentence or maximum term and the minimum period of imprisonment for time spent in custody as a result of the offense for which the sentence was imposed, at the rate specified in Section 3-6-3 of this Code. Except when prohibited by subsection (d), the trial court may give credit to the defendant for time spent in home detention, or when the defendant has been confined for psychiatric or substance abuse treatment prior to judgment, if the court finds that the detention or confinement was custodial.
(c) An offender arrested on one charge and prosecuted on another charge for conduct which occurred prior to his arrest shall be given credit on the determinate sentence or maximum term and the minimum term of imprisonment for time spent in custody under the former charge not credited against another sentence.

(d) An offender sentenced to a term of imprisonment for an offense listed in paragraph (2) of subsection (c) of Section 5-5-3 of this Code shall not receive credit for time spent in home detention prior to judgment.

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"Justice is truth in action." Benjamin Disreali | "To do injustice is more disgraceful than to suffer it." Plato

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Updated: Sunday August 3, 2008
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